Committees:

Presenter:
Tim Hogsett

I.
DISCUSSION: Responsibility
for establishing seasons,
bag limits, and means
and methods for taking
wildlife resources is
delegated to the Texas
Parks and Wildlife Commission
under Parks and Wildlife
Code, Chapter 61. Proposed
changes to the Statewide
Hunting and Fishing Proclamation
are a result of proposals
advanced by staff and
suggestions from the public.
Changes advanced by staff
are based upon scientific
investigation and are
required findings of fact.
The proposed changes increase
recreational opportunity,
promote enforcement, and
provide for the sound
biological management
of the wildlife resources
of the state. The Regulations
Committee at its January
1999 meeting authorized
staff to publish the proposed
1999-2000 Statewide Hunting
and Fishing Proclamation
in the Texas Register
for public comment. The
proposed proclamation
appeared in the March
5, 1999, issue of the
Texas
Register (24 TexReg
1574). A summary of public
comment on the proposed
proclamation will be available
to the Commission at the
time of the hearing.

"The Texas Parks
and Wildlife Commission
adopts the 1999-2000 Statewide
Hunting and Fishing Proclamation
(located at Exhibit A),
and an amendment to 31
TAC §53.3, concerning
Fees (located at Exhibit
B), with changes to the
proposal as published
in the March 5, 1999,
issue of the Texas
Register (24 TexReg 1574)."

The amendment to §65.11,
concerning Lawful Means,
modifies the provisions
of paragraph (1)(B) to reflect
the fact that muzzleloader-only
seasons now apply to spike-bucks
as well as antlerless deer,
and prohibits, with exceptions,
the use during archery-only
season of devices enabling
archery equipment to be
kept at full or partial
draw. The amendment to §65.26,
concerning Managed Lands
Deer Permits, adds provisions
for the use of bonus tags
in conjunction with MLD
permits and specifies that
the provisions of muzzleloader-only
seasons do not apply on
properties qualifying for
an extended season and enhanced
bag limit. The amendment
to §65.28, concerning
Landowner Assisted Management
Permit System, adds provisions
for the use of bonus tags
in conjunction with LAMPS
permits. The amendment to §65.42,
concerning Deer: increases
the statewide bag limit
for white-tailed deer for
persons who purchase a bonus
tag; specifies the conditions
for use of the bonus tag;
eliminates ‘doe days’ in
Archer, Baylor, Clay, Montague,
and Wise counties; expands
the number of ‘doe
days’ in the counties
listed in paragraph (4)(C);
alters the opening date
of the season in Austin,
Blanco, Colorado, Fayette,
Gillespie, Llano, Lavaca,
and Mason counties; creates
a restricted general season
in Grayson County; and institutes
special regulations for
the take of buck deer in
Austin, Colorado, Fayette,
Lavaca, and Washington counties.
The amendment to §65.46,
concerning Squirrel, creates
a youth-only open season
in certain counties. The
amendment to §65.64,
concerning Turkey, opens
new seasons for Eastern
turkey in six additional
counties. The amendment
to §65.72, concerning
Fish: establishes a prohibition
on the underwater use of
hand-operated devices to
take fish; modifies the
statewide walleye regulations
to allow two walleye of
less than 16 inches in the
daily bag limit; reduces
the minimum length for largemouth
bass from 16 to 14 inches
on Lakes Brownwood, Champion
Creek, and Coleman; removes
the 14-18 inch length limit
on Lakes Striker, Tyler
State Park, and Weatherford,
which places these lakes
under the statewide 14-inch
minimum length and 5-fish
daily bag limit; imposes
a 12-inch minimum length
limit for blue catfish and
a 25-fish daily bag limit
for blue and channel catfish
on Fort Phantom Hill and
E.V. Spence Reservoirs;
creates a 14-21 inch slot
limit for largemouth bass
on Lake Murvaul while allowing
one fish per day over 21
inches to be retained; changes
the minimum allowable length
limit for temporarily weighing
and retaining largemouth
bass on Purtis Creek State
Park Lake and all water
bodies within the boundaries
of Purtis Creek State Park,
Gibbons Creek Reservoir
and all waters within Texas
Municipal Power Agency property,
and Lake Raven to 21 inches;
restricts baitfish use in
Brewster, Crane, Crockett,
Culberson, Ector, El Paso,
Jeff Davis, Hudspeth, Loving,
Pecos, Presidio, Reeves,
Terrell, Upton, Val Verde,
Ward, and Winkler counties
tocommon
carp, fathead minnows, gizzard
and threadfin shad, sunfish
(Lepomis),
goldfish, and golden shiners;
and conforms regulations
for king mackerel and red
snapper with proposed regulations
for federal waters.

2. Fiscal Note.

Robert Macdonald, Wildlife
Division regulations coordinator,
has determined that for
each of the first five years
that the proposed rules
are in effect, there will
be no additional fiscal
implications to state or
local governments as a result
of enforcing or administering
the proposed rules.

3. Public Benefit - Cost
Note.

Mr. Macdonald also has
determined that for each
of the first five years
the amendments as proposed
are in effect:

(A) The public benefit
anticipated as a result
of enforcing the rules as
proposed will be the dispensation
of the agency’s statutory
duty to protect and conserve
the wildlife resources of
this state, the duty to
equitably distribute opportunity
for the enjoyment of those
resources among the citizens,
and the execution of the
commission’s policy
to maximize recreational
opportunity within the precepts
of sound biological management
practices.

(B) There will be no effect
on small businesses. There
are no additional economic
costs to persons required
to comply with the rules
as proposed.

(C) The department has
not filed a local impact
statement with the Texas
Workforce Commission as
required by Government Code, §2001.022,
as this agency has determined
that the rules as proposed
will not impact local economies.

(D) The department has
determined that there will
not be a taking of private
real property, as defined
by Government Code, Chapter
2007, as a result of the
proposed rules.

The amendments are proposed
under the authority of Parks
and Wildlife Code, Chapter
61, Uniform Wildlife Regulatory
Act (Wildlife Conservation
Act of 1983), and Chapter
67, which provide the Commission
with authority to establish
wildlife resource regulations
for this state; and under
42.0177, which authorizes
the commission to modify
or eliminate the tagging
requirements of Parks and
Wildlife Code, Chapter 42.

The amendments affect Parks
and Wildlife Code, Chapter
61.

§65.11. Lawful Means.
It is unlawful to hunt any
of the wildlife resources
of this state except by
the means authorized by
this section and as provided
in §65.19 of this title
(relating to Hunting Deer
with Dogs).

(E) Special archery-only
seasons are restricted to
lawful archery equipment
only, except as provided
in paragraph (3) of this
section. It is unlawful
for any person to hunt deer
or turkey during an archery-only
season by means of a bow
equipped with any device
that allows the bow to be
locked at full or partial
draw, except for persons
who have in their immediate
possession a physician's
statement certifying that
the person has an upper-limb
disability.

(3)-(5) (No change.)

§65.26. Managed Lands
Deer (MLD) Permits.

(a)-(c) (No change.)

(d) Except for deer taken
under an Antlerless and
Spike-Buck Control Permit,
all deer harvested on a
property where MLD permits
have been issued must immediately
be tagged with the appropriate
MLD permit as specified
in the WMP and [with]
either aneither
an [the]
appropriate tag from the
hunting license of the person
who killed the deer or
a valid bonus tag.

(e) On all tracts of land
for which both MLD buck
permits and MLD antlerless
permits have been issued
for the harvest of white-tailed
deer, and on properties
for which the WMP specifies
a harvest quota of zero
for either sex:

(1) (No change.)

(2) the provisions of § (2)
the provisions of §65.42(b)(7)
of this title (relating
to Archery-Only Open Season), §, §65.42(b)(8)
of this title (relating
to Muzzleloader-Only Open
Season), and the
stamp requirements of Parks
and Wildlife Code, Chapter
43, Subchapter I, do not
apply; and

(3) (No change.)

(f)-(g) (No change.)

§§65.28. Landowner
Assisted Management Permit
System (LAMPS).

(a)-(c) (No change.)

(d) All deer killed (d)
All deer killed [harvested]
on a tract of land for which
LAMPS permits have been
issued shall be tagged with a
valid LAMPS permit, and
either an [the]
appropriate white-tailed
deer tag from the hunting
license of the person who
killed [taking] the deer
or a valid bonus tagwho
killed [taking]
the deer or a valid
bonus tag.

This agency hereby certifies
that rules as adopted have
been reviewed by legal counsel
and found to be a valid
exercise of the agency's
authority.

Issued in Austin, Texas,
on

The amendments are proposed
under Parks and Wildlife
Code, Chapter 61, Uniform
Wildlife Regulatory Act
(Wildlife Conservation Act
of 1983), which provides
the Commission with authority
to establish wildlife resource
regulations for this state.

The amendments affect Parks
and Wildlife Code, Chapter
61.

Seasons and Bag Limits-Hunting
Provisions

§65.42. Deer.

(a) Except as provided
in §§65.27 of
this title (relating to
Antlerless and Spike-Buck
Deer Control Permits) or
paragraph (11) of this subsection,
no person may exceed the
annual bag limit of five
white-tailed deer (no more
than three bucks) and two
mule deer (no more than
one buck).

(b) White-tailed deer.
The open seasons and annual
bag limits for white-tailed
deer shall be as follows.

(1) In Bandera, Bexar,
[Blanco,] Brewster,
Brown, Burnet, Coke, Coleman,
Comal (west of Interstate
35), Concho, Crockett, Culberson,
Edwards, [Gillespie,]
Glasscock, Hays (west of
Interstate 35), Howard,
Irion, Jeff Davis, Kendall,
Kerr, Kimble, Kinney (north
of U.S. Highway 90), [Llano,
Mason,] McCulloch, Medina
(north of U.S. Highway 90),
Menard, Mills, Mitchell,
Nolan, Pecos, Presidio,
Reagan, Real, Reeves, Runnels,
San Saba, Schleicher, Sterling,
Sutton, Terrell, Tom Green,
Travis (west of Interstate
35), Upton (that southeastern
portion located both south
of U.S. Highway 67 and east
of State Highway 349), Uvalde
(north of U.S. Highway 90),
and Val Verde (north of
U.S. Highway 90; and that
portion located both south
of U.S. 90 and west of Spur
239) counties, there is
a general open season.

(A)-(B) (No change.) (A)
Open season: first Saturday
in November through the
first Sunday in January.

(B) Bag limit: four deer,
no more than two bucks.

(2) In Blanco,
Gillespie, Llano, and
Mason counties, there
is a general open season.

(A) Open season:
the Saturday closest to
November 15 through the
first Sunday in January.

(B) Bag limit:
four deer, no more than
two bucks.

[(2)] (3) [(2)]
In Aransas, Atascosa, Bee,
Calhoun, Cameron, Hidalgo,
Live Oak, Nueces, Refugio,
San Patricio, Starr, and
Willacy counties, there
is a general open season.

(A) Open season: second
Saturday in November through
the third Sunday in January.

(B) Bag limit: four deer,
no more than two bucks.
(B) Bag limit: four deer,
no more than two bucks.

(C) Special Late General
Season. In the counties
listed in this paragraph
there is a special late
general season for the take
of antlerless and spike-buck
deer only.

(i) Open season: 14 consecutive
days starting the first
Monday following the third
Sunday in January.

(ii) Bag limit: (ii) Bag
limit: four antlerless or
spike-buck deer in the aggregate,
no more than two of which
may be spike bucks.

(4) [(3)] (4) [(3)]
In Brooks, Dimmit, Duval,
Frio, Jim Hogg, Jim Wells,
Kenedy, Kinney (south of
U.S. Highway 90), Kleberg,
LaSalle, Maverick, McMullen,
Medina (south of U.S. Highway
90), Uvalde (south of U.S.
Highway 90), Val Verde (that
southeastern portion located
both south of U.S. Highway
90 and east of Spur 239),
Webb, Zapata, and Zavala
counties, there is a general
open season.

(A) Open season: Second
Saturday in November through
the third Sunday in January.

(B) Bag limit: five deer,
no more than three bucks.

(C) Special Late General
Season. In the counties
listed in this paragraph
there is a special late
general season for the take
of antlerless and spike-buck
deer only.

(i) Open season: 14 consecutive
days starting the first
Monday following the third
Sunday in January.

(ii) Bag limit: five antlerless
or spike-buck deer in the
aggregate, no more than
three of which may be spike
bucks.

(5) [(4)] (5) [(4)]
No person may take or attempt
to take more than one buck
deer per license year from
the counties, in the aggregate,
listed within this paragraph,
except as provided
in subsection (a) of this
section or authorized
under the provisions of §§65.26
of this title (relating
to Managed Land Deer Permits).

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) Special regulation:
in Grayson County, lawful
means are restricted to
lawful archery equipment
and crossbows only.

(B) In Brazoria, Fort Bend,
Goliad (south of U.S. Highway
59), Harris, Jackson (south
of U.S. Highway 59), Matagorda,
Victoria (south of U.S.
Highway 59), and Wharton
(south of U.S. Highway 59)
Counties, there is a general
open season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) During the first
23 days of the general season,
antlerless deer may be taken
without antlerless deer
permits unless MLD permits
have been issued for the
tract of land. If MLD permits
have been issued, they must
be attached to all antlerless
deer harvested on the tract
of land. After the first
23 days, antlerless deer
may be taken only by MLD
antlerless permits. (B)
(No change.)

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) During the first
16 (iii) During the first 16 [six]
days of the general season,
antlerless deer may be taken
without antlerless deer
permits unless MLD permits
have been issued for the
tract of land. After the
first 1616 [six]
days, antlerless deer may
be taken only by MLD antlerless
permits.

(D) In [Archer, Baylor,
Clay,] Cooke, Denton,
Hill, Johnson, andand [Montague,]
Tarrant[, and Wise]
counties, there is a general
open season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) During the first
nine days of the general
season, antlerless deer
may be taken without antlerless
deer permits unless MLD
permits have been issued
for the tract of land. After
the first nine days, antlerless
deer may be taken only by
MLD antlerless permits.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) Antlerless deer may
be taken only by MLD antlerless
permits or LAMPS permits.

(iv) Special Requirement:
In that portion of Henderson
County bounded on the north
by the county line, on the
east by U.S. Highway 175
and Tin Can Alley Road,
on the south by State Highway
31, and on the west by State
Highway 274, hunting of
deer is restricted to shotguns
with buckshot, longbow,
compound bow, recurved bow,
or crossbow. Other game
animals or game birds may
be taken only with shotgun,
longbow, compound bow, recurved
bow, or crossbow.

(F) In Dallam, Hartley,
Moore, Oldham, Potter, and
Sherman Counties, there
is a general open season.

(i) Open season: Saturday
before Thanksgiving for
16 consecutive days.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) Antlerless deer may
be taken only by MLD antlerless
permits.

(G) In Nacogdoches, Panola,
Sabine, San Augustine and
Shelby Counties, there is
a general open season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) From Thanksgiving
Day through the Sunday immediately
following Thanksgiving Day,
antlerless deer may be taken
without antlerless deer
permits unless MLD or LAMPS
permits have been issued
for the tract of land. If
MLD or LAMPS permits have
been issued, they must be
attached to all antlerless
deer harvested on the tract
of land. From the first
Saturday in November through
the day before Thanksgiving
Day, and from the Monday
immediately following Thanksgiving
Day through the first Sunday
in January, antlerless deer
may be taken only by MLD
antlerless deer permits
or LAMPS permits. On National
Forest, Corps of Engineers,
Sabine River Authority and
Trinity River Authority
lands, antlerless deer may
be taken only by MLD antlerless
permits. (E)-(G) (No change.)

(H) In [Austin,]
Bastrop, Bell (east of Interstate
35), Caldwell, [Colorado,]
Comal (east of Interstate
35), Crane, DeWitt, Ector,
Ellis, Falls, Fannin, [Fayette,]
Goliad (north of U.S. Highway
59), Gonzales, Guadalupe,
Hays (east of Interstate
35), Hunt, Jackson (north
of U.S. Highway 59), Karnes,
Kaufman, [Lavaca,]
Lee, Loving, Midland, Milam,
Rains, Travis (east of Interstate
35), Upton (that portion
located north of U.S. Highway
67; and that area located
both south of U.S. Highway
67 and west of state highway
349), Victoria (north of
U.S. Highway 59), Waller,
Ward, Washington, Wharton
(north of U.S. Highway 59),
Williamson (east of Interstate
35), and Wilson counties,
there is a general open
season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) Antlerless deer may
be taken only by MLD antlerless
permits.

(iv) Special regulation:
in Washington County,
the take of buck deer
is limited to spike-bucks
and bucks having at least
ten antler points.

(I) In Austin,
Colorado, Fayette, and
Lavaca counties, there
is an open season.

(i) Open season:
the Saturday closest to
November 15 through the
first Sunday in January.

(ii) Bag limit:
three deer, no more than
one buck and no more than
two antlerless.

(iii) Antlerless
deer may be taken only
by MLD antlerless permits.

(iv) Special regulation:
in the counties listed
in this subparagraph,
the take of buck deer
is limited to bucks having
at least eight antler
points and spike bucks
having at least one antler
of at least four inches
in length.

(A) Open season: first
Saturday in November through
the first Sunday in January.

(B) Bag limit: four deer,
no more than two bucks and
no more than two antlerless.

(C) During the first 23
days of the general season,
antlerless deer may be taken
without antlerless deer
permits unless MLD or LAMPS
permits have been issued
for the tract of land. If
MLD or LAMPS permits have
been issued, they must be
attached to all antlerless
deer harvested on the tract
of land. After the first
23 days, antlerless deer
may be taken only by MLD
antlerless permits or LAMPS
permits. On National Forest,
Corps of Engineers, Sabine
River Authority and Trinity
River Authority lands, antlerless
deer may be taken only by
MLD antlerless permits.

(8) [(7)] (8) [(7)]
Archery-only open seasons.
In all counties where there
is a general open season
for white-tailed deer[[,
and in Grayson County]],
there is an archery-only
open season during which
either sex of white-tailed
deer may be taken as provided
for in §§65.11(2)
and (3) of this title (relating
to Means and Methods).

(A) Open season: the Saturday
closest to September 30
for 30 consecutive days.

(B) Bag limit: [Except
for Grayson County,] (B)
Bag limit: [Except for
Grayson County,] the
bag limit in any given county
is as provided for that
county during the general
open season. [[In Grayson
County, the bag limit is
three deer, no more than
one buck and no more than
two antlerless.]]

[(8)] (9) [(8)]
Muzzleloader-only open seasons,
and bag and possession limits
shall be as follows.

(A) In Bandera, Bexar,
Blanco, Brewster, Brown,
Burnet, Coke, Coleman, Comal
(west of Interstate 35),
Concho, Crockett, Culberson,
Edwards, Gillespie, Glasscock,
Hays (west of Interstate
35), Howard, Irion, Jeff
Davis, Kendall, Kerr, Kimble,
Kinney (north of U.S. Highway
90), Llano, Mason, Medina
(north of U.S. Highway 90),
Menard, McCulloch, Mills,
Mitchell, Nolan, Pecos,
Presidio, Reagan, Real,
Reeves, Runnels, San Saba,
Schleicher, Sterling, Sutton,
Terrell, Tom Green, Travis
(west of Interstate 35),
Upton (that portion located
both south of U.S. Highway
67 and east of state highway
349), Uvalde (north of U.S.
Highway 90), and Val Verde
(north of U.S. Highway 90;
and that portion located
both south of U.S. Highway
90 and west of Spur 239)
Ccounties, there is an open
season during which only
antlerless and spike-buck
deer may be taken only with
a muzzleloader.

(B) Open Season: from the
first Saturday following
the closing of the general
open season for nine consecutive
days.

(C) Bag limit: four antlerless
or spike-buck deer in the
aggregate, no more than
two of which may be spike
bucks.

[(9)] (10) [(9)]
Special Youth-Only Season.
There shall be a special
youth-only general hunting
season in all counties where
there is a general open
season.

(A) open season: the Saturday
and Sunday immediately preceding
the first Saturday in November.

(B) bag limits, provisions
for the take of antlerless
deer, and special requirements:

(i) as specified for the
first two days of the general
season in the individual
counties in paragraphs (1)-(6)
of this subsection, except
as provided in clauseitem
(ii) of this subparagraph;
and

(ii) in the counties listed
in paragraph (4)(G) of this
subsection, as specified
for the period of time from
Thanksgiving Day through
the Sunday immediately following
Thanksgiving Day.

(C) Only licensed hunters
16 years of age or younger
may hunt during the season
established by this subsection.

(11) Bonus tag. (11)
Bonus tag.

(A) A person in
possession of a valid
bonus deer tag may take
one buck or antlerless
white-tailed deer during
an open white-tailed deer
season in any county,
irrespective of the county
bag limit, provided that
person also possesses
one of the following:

(i) an appropriate,
valid MLD permit (buck
or antlerless);

(ii) a valid LAMPS
permit (antlerless only);
or

(iii) an appropriate,
valid Special Permit (buck
or antlerless) issued
by the department for
a public hunt, in which
case the bonus tag is
valid only on the wildlife
management area or state
park specified by the
permit and only during
the date and time specified
on the permit.

(B) No person may:

(i) purchase more
than five bonus tags per
license year;

(ii) use a bonus
tag on more than one animal;
or

(iii) buy, sell,
or otherwise exchange
a bonus tag for remuneration
or considerations of any
kind; however, a bonus
tag may be given to another
person.

(B) It is unlawful for
any person to take or attempt
to take turkeys by the aid
of baiting, or on or over
a baited area; and

(C) All turkeys harvested
during the open season must
be registered at designated
check stations within 24
hours of the time of kill.
Harvested turkeys may be
field dressed but must otherwise
remain intact.

(d) In all counties not
listed in subsections (b)
or (c) of this section,
the season is closed for
hunting turkey.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas
on

The amendment is proposed
under Parks and Wildlife
Code, Chapter 61, Uniform
Wildlife Regulatory Act
(Wildlife Conservation Act
of 1983), which provides
the Commission with authority
to establish wildlife resource
regulations for this state.

(2) There are no bag, possession,
or length limits on game
or non-game fish, except
as provided in these rules.

(A) (No change.)

(B) Statewide daily bag
and length limits shall
be as follows:

Species

Daily Bag

Minimum Length (Inches)

Maximum Length (Inches)

Amberjack, greater.

1

32

No limit

Bass: Largemouth,
smallmouth, spotted
and Guadalupe bass.

5

(in any combination)

Largemouth and Smallmouth
bass.

14

No limit

Spotted and Guadalupe
bass.

12

No limit

Bass, striped, its
hybrids, and subspecies.

5

(in any combination)

18

No limit

Bass, white

25

10

No limit

Catfish: channel
and blue catfish,
their hybrids, and
subspecies.

25

(in any combination)

12

No limit

Catfish, flathead.

5

18

No limit

Catfish, gafftopsail.

No limit

14

No limit

Cobia.

2

37

No limit

Crappie: white and
black crappie, their
hybrids, and subspecies.

25

(in any combination)

10

No limit

Drum, black.

5

14

30

Drum, red.

3*

20

28*

*Special Regulation:
During a license year,
one red drum over
the stated maximum
length limit may be
retained when affixed
with a properly executed
Red Drum Tag, a properly
executed Exempt Red
Drum Tag or with a
properly executed
Duplicate Exempt Red
Drum Tag and one red
drum over the stated
maximum length limit
may be retained when
affixed with a properly
executed Bonus Red
Drum Tag. Any fish
retained under authority
of a Red Drum Tag,
an Exempt Red Drum
Tag, a Duplicate Exempt
Red Drum Tag, or a
Bonus Red Drum Tag
may be retained in
addition to the daily
bag and possession
limit as stated in
this section.

Flounder: all species,
their hybrids, and
subspecies.

10*

14

No limit

*Special Regulation:
The daily bag and
possession limit for
the holder of a valid
Commercial Finfish
Fisherman's license
is 60 flounder, except
on board a licensed
commercial shrimp
boat.

Jewfish.

0

Mackerel, king.

2

27

No limit

Mackerel, Spanish.

7

14

No limit

Marlin, blue.

No limit

114

No limit

Marlin, white.

No limit

81

No limit

Mullet: all species,
their hybrids, and
subspecies.

No limit

No limit

*

*Special regulation:
During the period
October through January,
no mullet more than
12 inches in length
may be taken from
public waters or possessed
on board a vessel.

Sailfish

No limit

76

No limit

Saugeye

3

18

No limit

Seatrout, spotted.

10

15

No limit

Shark: all species,
their hybrids, and
subspecies.

5

(in any combination)

No limit

No limit

Sheepshead.

5

12

No limit

Snapper, lane.

No limit

8

No limit

Snapper, red.

4*

15

No limit

*Special Regulation:
The daily bag limit
for red snapper is
zero for captain and
crew who operate a
boat for pay or anything
of value in accompanying
or transporting any
person engaged in
fishing.

Snapper, vermilion.

No limit

10

No limit

Snook.

1

24

28

Tarpon.

0

Catch and release
only*.

*Special Regulation:
One tarpon 80 inches
in length or larger
may be retained during
a license year when
affixed with a properly
executed Tarpon Tag.

Trout: rainbow and
brown trout, their
hybrids, and subspecies.

5

(in any combination)

No limit

No limit

Walleye.

5*

No limit

No limit

*Special regulation:
Two walleye of less
than 16 inches may
be retained per day.

Catch and release
only except that any
bass 21 inches or
greater in length
may be retained in
a live well or other
aerated holding device
and immediately transported
to the Purtis Creek
or Huntsville State
Park, or Gibbons Creek
weigh stations. After
weighing, the bass
must be released immediately
back into the lake
or donated to the
ShareLunker Program.

It is unlawful to
retain largemouth
bass between 14 and
24 inches in length.
No more than 1 bass
24 inches or greater
in length may be retained
each day.

Lake Fork (Wood,
Rains and Hopkins)

5

16-23 Inch Slot
Limit

It is unlawful to
retain largemouth
bass between 16 and
23 inches in length.
No more than 1 bass
23 inches or greater
in length may be retained
each day. Beginning
September 1, 2000,
the upper limit of
the slot will be 24
inches.

It is unlawful to
retain smallmouth
bass between 12 and
15 inches in length.

Bass: spotted

Lake Alan Henry
(Garza)

3

18

Lake Toledo Bend
(Newton, Sabine and
Shelby).

8

12

Possession Limit
is 10.

Bass: striped, its
hybrids, and subspecies.

Lake Toledo Bend
(Newton, Sabine and
Shelby).

5

No Limit

No more than 2 striped
bass 30 inches or
greater in length
may be retained each
day.

Lake Texoma (Cooke
and Grayson).

10

(in any combination)

No Limit

No more than 2 striped
or hybrid striped
bass 20 inches or
greater in length
may be retained each
day. Striped or hybrid
striped bass caught
and placed on a stringer,
in a live well or
any other holding
device become part
of the daily bag limit
and may not be released.
Possession limit is
10.

Red River (Grayson)
from Denison Dam downstream
to and including Shawnee
Creek (Grayson).

5

(in any combination)

No Limit

Striped bass caught
and placed on a stringer,
in a live well or
any other holding
device become part
of the daily bag limit
and may not be released.

Trinity River (Polk
and San Jacinto) from
the Lake Livingston
dam downstream to
the F.M. Road 3278
bridge.

Guadalupe River
(Comal) from the second
bridge crossing on
the River Road upstream
to the easternmost
bridge crossing on
F.M. Road 306.

1

18

Walleye.

Lake Texoma (Cooke
and Grayson).

5

18

(ii) (No change.)

(c) Devices, means and
methods.

(1)-(4) (No change.)

(5) Device Restrictions.

(A)-(H) (No change.)

(I) Pole and line.

(i) Game and non-game fish
may be taken by pole and
line. It is unlawful to
take or attempt to take
fish with one or more hooks
attached to a line or artificial
lure used in a manner to
foul-hook a fish (snagging
or jerking). A fish is foul-hooked
when caught by a hook in
an area other than the fish's
mouth.

(ii) Game and nongame
fish may be taken by pole
and line. It is unlawful
to take fish with a hand-operated
device held underwater
except that a spear gun
and spear may be used
to take nongame fish.

(iii) [(ii)]
Game and non-game fish may
be taken by pole and line,
except that in the Guadalupe
River in Comal County from
the second bridge crossing
on River Road upstream to
the easternmost bridge crossing
on F.M. Road 306, rainbow
and brown trout may not
be retained when taken by
any method except artificial
lures. Artificial lures
cannot contain or have attached
either whole or portions,
living or dead, of organisms
such as fish, crayfish,
insects (grubs, larvae,
or adults), or worms, or
any other animal or vegetable
material, or synthetic scented
materials. This does not
prohibit the use of artificial
lures that contain components
of hair or feathers. It
is an offense to possess
rainbow and brown trout
while fishing with any other
device in that part of the
Guadalupe River defined
in this paragraph.

(J)-(R) (No change.)

The Texas Parks and Wildlife
Department proposes an amendment
to §65.192, concerning
the Public Lands Proclamation.
The amendment to §65.192
authorizes the executive
director to postpone or
cancel hunts in response
to severe weather and other
emergencies. The amendment
is necessary to provide
a mechanism for delaying
or canceling hunts when
circumstances make it impractical
or dangerous to hold them
at their scheduled times.

Robert Macdonald, Wildlife
Division regulations coordinator,
has determined that for
each of the first five years
that the proposed rule is
in effect, there will be
no fiscal implications to
state or local governments
as a result of enforcing
or administering the proposed
amendment.

Mr. Macdonald also has
determined that for each
of the first five years
the amendment as proposed
is in effect, the public
benefit anticipated as a
result of enforcing the
rule as proposed will be
increased recreational opportunity
for users of the public
hunting system, and the
preservation of recreational
opportunity by rescheduling
postponed hunts.

There will be no effect
on small businesses. There
are no additional economic
costs to persons required
to comply with the rule
as proposed.

The department has not
filed a local impact statement
with the Texas Workforce
Commission as required by
Government Code, §2001.022,
as this agency has determined
that the rule as proposed
will not impact local economies.

The department has determined
that there will not be a
taking of private real property,
as defined by Government
Code, Chapter 2007, as a
result of the proposed rule.

The amendment is proposed
under Parks and Wildlife
Code, Chapter 81, Subchapter
E, which provides the Parks
and Wildlife Commission
with authority to establish
an open season on wildlife
management areas and public
hunting lands and authorizes
the executive director to
regulate numbers, means,
methods, and conditions
for taking wildlife resources
on wildlife management areas
and public hunting lands;
Chapter 12, Subchapter A,
which provides that a tract
of land purchased primarily
for a purpose authorized
by the code may be used
for any authorized function
of the department if the
commission determines that
multiple use is the best
utilization of the land's
resources; Chapter 62, Subchapter
D, which provides authority,
as sound biological management
practices warrant, to prescribe
seasons, number, size, kind,
and sex and the means and
method of taking any wildlife;
and §42.0177, which
authorizes the commission
to modify or eliminate the
tagging requirements of
Chapter 42.

(f) The executive director
may close public hunting
lands to public use to protect
sensitive sites, and may
cancel hunts or close the
seasons on certain areas
to avoid depletion of wildlife
resources or in response
to severe weather or other
emergencies.

(g)-(j) (No change.)

The Texas Parks and Wildlife
Department proposes the
repeal of §69.71 and
new §69.71, concerning
Memorandum of Understanding
(MOU) with the Texas Department
of Transportation. The new
section adopts by reference
the provisions of 43 TAC §2.22,
which contains the text
of an MOU required by Transportation
Code, §201.607. The
new rule is necessary to
implement the statutory
duty of the Texas Department
of Transportation and the
Texas Parks and Wildlife
Department to enter into
cooperative agreements for
the protection and preservation
of the natural environment.
The proposed rule will function
by codifying procedures
providing for Texas Parks
and Wildlife Department
(TPWD) review of TxDOT projects
that have the potential
to affect natural resources
within the jurisdiction
of TPWD.

Robert Macdonald, Wildlife
Division regulations coordinator,
has determined that for
each of the first five years
that the proposed rule is
in effect, there will be
no fiscal implications to
state or local governments
as a result of enforcing
or administering the proposed
rule.

Mr. Macdonald also has
determined that for each
of the first five years
the proposed rule is in
effect, the public benefit
anticipated as a result
of enforcing the repeal
as proposed will be multi-agency
cooperation in the protection
and preservation of wildlife
resources and habitat in
this state.

There will be no effect
on small businesses. There
are no economic costs to
persons required to comply
with the rule as proposed.

The department has not
filed a local impact statement
with the Texas Workforce
Commission as required by
Government Code, §2001.022,
as this agency has determined
that the rule as proposed
will not impact local economies.

The department has determined
that there will not be a
taking of private real property,
as defined by Government
Code, Chapter 2007, as a
result of the proposed rule.

The proposed repeal and
new section are proposed
under Transportation Code, §201.607,
which requires each state
agency that is responsible
for the protection of the
natural environment or for
the preservation of historical
or archeological resources
to examine and revise their
memorandum of understanding
with the Texas Department
of Transportation.

The repeal and new rule
affect Transportation Code, §201.607.

§69.71. Review of
Fish and Wildlife Impacts
of Texas Department of Transportation
Activities.

The proposed new section
is proposed under Transportation
Code, §201.607, which
requires each state agency
that is responsible for
the protection of the natural
environment or for the preservation
of historical or archeological
resources to examine and
revise their memorandum
of understanding with the
Texas Department of Transportation.

The new rule affects Transportation
Code, §201.607.

<new>§69.71.
Memorandum of Understanding.
The Texas Parks and Wildlife
Commission adopts by reference
the provisions of 43 TAC §2.22
(relating to Memorandum
of Understanding with the
Texas Parks and Wildlife
Department).

(J)-(R) (No change.)

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Bonus
Deer Tag Fees
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife
Department proposes an amendment
to 53.3, concerning Other
Recreational Hunting and
Fishing Licenses, Stamps,
and Tags. The amendment
creates a new subsection
(h) to establish a fee for
the purchase of a bonus
white-tailed deer tag. The
amendment is necessary for
the department to recover
the cost of administering
and enforcing the new tag.

2. Fiscal Note.

Robert Macdonald, Wildlife
Division regulations coordinator,
has determined that for
each of the first five years
that the proposed amendment
is in effect, there will
be fiscal implications to
the department. The department
estimates that sales of
the bonus deer tag will
generate revenues of less
than $40,000 per year. There
will be no fiscal implications
to local governments or
other units of state government
as a result of enforcing
or administering the proposed
amendment.

3. Public Benefit - Cost
Note.

Mr. Macdonald also has
determined that for each
of the first five years
the proposed amendment is
in effect:

(A) The public benefit
anticipated as a result
of enforcing the amendment
as proposed will be the
direct recovery of the administrative
cost of providing the bonus
tag from the affected user
group.

(B) There will be no effect
on small businesses. There
are no economic costs to
persons required to comply
with the amendment as proposed,
as the bonus tag is not
mandatory.

(C) The department has
not filed a local impact
statement with the Texas
Workforce Commission as
required by Government Code, §2001.022,
as this agency has determined
that the amendment as proposed
will not impact local economies.

(D) The department has
determined that there will
not be a taking of private
real property, as defined
by Government Code, Chapter
2007, as a result of the
proposed amendment.

4. Request for Public Comments.

Comments on the proposed
repeal may be submitted
to Robert Macdonald, Texas
Parks and Wildlife Department,
4200 Smith School Road,
Austin, Texas 78744; (512)
389-4775 or 1-800-792-1112.

5. Statutory Authority.

The amendment is proposed
under the provisions of
Parks and Wildlife Code,
Chapter 42, §42.010,
which authorizes the commission
to establish fees for tags.

The amendment affects Parks
and Wildlife Code, Chapter
42.

§53.3. Other Recreational
Hunting and Fishing Licenses,
Tags, and Permits.

(a)-(g) (No change.)

(h) Bonus white-tailed
deer tag (type )— $10.00

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.